Can You Collect 1/2 an Ex’s Social Security & Your Full Amount?
Unpack the complexities of Social Security benefits for divorced individuals, clarifying how ex-spousal claims interact with your own.
Social Security provides a financial safety net for millions of Americans, with provisions extending beyond individual work records to encompass family relationships. For divorced individuals, the Social Security Administration (SSA) offers specific benefits based on an ex-spouse’s earnings record. These “ex-spousal benefits” can be a significant source of retirement income. Understanding the criteria for eligibility, how these benefits are calculated, and how they interact with one’s own Social Security record is important for retirement planning.
Eligibility for Ex-Spousal Social Security Benefits
To qualify for Social Security benefits based on an ex-spouse’s record, several conditions must be met. You must have been married to your ex-spouse for at least 10 consecutive years.
Additionally, you must be currently unmarried to claim these benefits. However, if you remarried after reaching age 60, or age 50 if you are disabled, your remarriage generally does not prevent you from collecting benefits on a former spouse’s record. You must also be at least 62 years old to begin receiving ex-spousal benefits.
The ex-spouse on whose record you are claiming benefits must be entitled to Social Security retirement or disability benefits. Your ex-spouse does not need to have applied for their benefits for you to claim, provided they are at least 62 years old and you have been divorced for at least two years. If the divorce occurred less than two years ago, your ex-spouse must already be collecting their benefits for you to claim.
Finally, your own Primary Insurance Amount (PIA), the benefit you would receive at your full retirement age based on your work record, must be less than 50% of your ex-spouse’s PIA. If your own benefit is higher than what you would receive as an ex-spouse, the Social Security Administration will pay you your own higher benefit.
Calculating Your Ex-Spousal Social Security Benefit
The maximum ex-spousal benefit is generally 50% of your ex-spouse’s Primary Insurance Amount (PIA), which is the amount they would receive if they began collecting benefits at their Full Retirement Age (FRA).
The age at which you choose to claim your ex-spousal benefits also significantly impacts the monthly amount you receive. If you begin collecting benefits before your own Full Retirement Age, your monthly payment will be permanently reduced. For instance, claiming at age 62, the earliest possible age, can reduce your benefit to as low as 32.5% of your ex-spouse’s PIA. Conversely, waiting until your Full Retirement Age allows you to receive the full 50% of your ex-spouse’s PIA.
Ex-spousal benefits do not accrue delayed retirement credits. There is no financial advantage to waiting beyond your Full Retirement Age to claim ex-spousal benefits, as the benefit amount will not increase further. The ex-spouse’s claiming age does not directly affect the calculation of your ex-spousal benefit, as the benefit is based on their PIA, which is their benefit at their FRA.
Ex-spousal benefits are generally separate from the Social Security family maximum benefit. Therefore, claiming an ex-spousal benefit typically will not reduce the benefits received by your ex-spouse or any other dependents on their record. In cases where the ex-spouse is deceased, a surviving divorced spouse may be eligible for a higher benefit, potentially up to 100% of the deceased ex-spouse’s PIA, especially if they claim at their own Full Retirement Age.
Understanding How Ex-Spousal Benefits Interact with Your Own
A common misconception is that an individual can collect both a portion of an ex-spouse’s Social Security benefit and their full individual benefit simultaneously. The Social Security Administration (SSA) operates under a principle of “deemed filing,” meaning that when you apply for Social Security benefits, you are considered to have applied for all benefits for which you are eligible. The SSA will then pay you the higher of the two benefit amounts: either your own earned retirement benefit or the ex-spousal benefit. You do not receive both as separate payments.
If you initially claim your own benefit and later become eligible for a higher ex-spousal benefit, your payment will be adjusted to reflect the increased amount. Similarly, if you start receiving ex-spousal benefits and your own earned benefit later grows to be higher, the SSA will switch you to your own higher benefit. The SSA always pays the higher of the two benefits for which you qualify.
Historically, a “restricted application” strategy allowed some individuals born before January 2, 1954, to claim only their ex-spousal benefit at their Full Retirement Age, while allowing their own earned benefit to grow with delayed retirement credits until age 70. This strategy is no longer available for those born on or after January 2, 1954. These individuals are automatically deemed to have filed for both their own benefit and any ex-spousal benefit, and the SSA pays the higher of the two.
If you are working while receiving Social Security benefits and are below your Full Retirement Age, an earnings limit may apply. If your earnings exceed this limit, a portion of your benefits may be withheld. This earnings limit applies regardless of whether you are collecting your own Social Security benefit or an ex-spousal benefit. The specific amount of the earnings limit can change annually, so it is important to consult current SSA guidelines.
The Process for Claiming Ex-Spousal Social Security Benefits
It is advisable to apply for ex-spousal Social Security benefits a few months before you wish for benefits to begin, allowing sufficient time for processing. The SSA offers several methods for application.
You can apply for ex-spousal benefits online through the SSA’s official website, by calling their national toll-free number, or by visiting a local Social Security office in person. While online application is an option for some, individuals seeking ex-spousal benefits may find it beneficial to contact the SSA directly by phone or in person, as the online system may have limitations for these specific claims. Appointments are often recommended for in-person visits to minimize wait times.
When applying, you will need to provide documentation to support your claim. This includes your Social Security number and, if known, your ex-spouse’s Social Security number. Other documents include your birth certificate, your marriage certificate proving the marriage duration, and your divorce decree. You may also need to provide your W-2 forms or self-employment tax returns for the previous year, and your bank account information for direct deposit of benefits.
While original documents are generally preferred for verification, the SSA will return them to you after review. If you do not have your ex-spouse’s Social Security number, the SSA can often help locate it with sufficient identifying information, such as their name, date of birth, and parents’ names. After submitting your application, you can expect confirmation from the SSA, and they may conduct an interview or request additional information as part of the processing.